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If you already have a property passport and a register of owners of your home

Another way to find allies is to write an announcement about the creation initiative group. For example:

"Hello. I am the owner of such and such an apartment in our building. I want to make life in our home better. To do this, I propose to establish self-government in the house: deal with unfairly accrued payments, organize garbage collection, and keep the entrance clean. If you also want this and are ready to take part in management, contact me by any in a convenient way: by phone +7 905 123-45-67, email [email protected], in WhatsApp, Viber or Telegram. Sincerely, Vladimir Ivanov."

It is important that already at this stage you clearly understand why you want to hold the meeting. If your goal is to install a barrier in the yard, indicate this in the ad. If you find fake minutes of previous meetings, write about this too: this way there is a greater chance that other residents will be outraged and take your side. The better you explain how self-government will benefit your neighbors, the more likely you are to get a response.

The advertisement must be printed and placed in mailboxes. You can also hang it in a visible place in every entrance of the house.

It is difficult to predict how many people will come based on an ad. But even if you don’t receive a single call or letter, at least the neighbors will know that something is up in your house. This will reduce possible suspicions during door-to-door visits and collection of money.

Regardless of whether you managed to enlist the support of the chairman of the board, before the next step, be sure to get together with everyone who is ready to help - they called through an advertisement or expressed interest in a personal conversation. Get to know each other, exchange contacts and find out who is ready to help and how. For example, economists will help with vote counting. A head teacher or simply an experienced teacher, a policeman or a career military man can become an excellent chairman of a meeting - most likely, they will be able to maintain order.

Also find out which roles people are ready to perform at the meeting - chairman, secretary or member of the counting commission. I will write about these roles further.

At this same stage, I advise you to create a general chat at home in any convenient messenger - usually WhatsApp or Viber. This way you can quickly discuss the situation and share information. Ideally, invite experts to this chat - those who are professionally involved in organizing self-government or at least those who have already held a meeting in their home.

Determine the date, time and location of the meeting

When: 3 weeks before the meeting.

You need to decide on the date, time and place of the meeting in advance: you must indicate them in the agenda and cannot change. You will also need to have time to notify the owners.

You need to schedule a meeting at a time that is convenient for everyone: on a weekday evening or on a weekend. In summer, the first option is preferable, because on weekends many people go to their dachas.

You will need a place where everyone can fit and will not depend on the weather. One summer we held a meeting on the playground. In frost or rain, there are only two options - an entrance or someone's apartment.

You can also try contacting the authority local government so that they can help you find a room. To do this, you need a written request from the initiative group. By law, they must provide assistance - for example, by providing accommodation at a school nearby.

Once you have decided on the date, time and place, create an agenda.

Create an agenda and post information online

When: 3 weeks before the meeting.

The agenda of the general meeting of owners is a list of all issues without exception that you plan to discuss and resolve at the meeting. It needs to be posted on the Internet and submitted to the state property authority - this is a different institution in each city.

How to create an agenda. The agenda must indicate the address of the house, the initiator of the meeting and the form of the meeting. If you plan to use “Square”, indicate “in person-absentee” - this means that people will be able to vote both on ballot papers and through information system. It is also necessary to indicate the date, time and place of the meeting.

Questions for discussion can be written in a column; it is advisable to number them. There should be a separate paragraph for each issue - they cannot be combined. Be as specific as possible: at the meeting you will vote on each issue. Owners should have the opportunity to clearly answer “for”, “against” or “abstain” on them.

It is prohibited to include the “other” item on the agenda; minutes of the meeting with such an agenda will not be accepted.

It is best to use language from laws and regulations that can be optimized for your home.

1. Determination of the chairman and secretary of the meeting.
2. Determination of the composition of the counting commission.
3. Determine how you will be notified of upcoming meetings.
4. Determining the method of notification of decisions taken at the meeting.
5. Using the information system for holding meetings and voting.
6. Determination of the administrator of the general meeting when voting through the information system.
7. The procedure for financing expenses associated with convening and organizing general meetings.
8. Date and procedure for holding annual general meetings of owners.

I will discuss these issues in more detail below.

The agenda may also include, for example, the following questions:

1. installation of fencing devices in the local area;
2. elections of council members apartment building;
3. determination of the powers of the council and their duration;
4. electing the chairman of the council from among the council members and vesting him with powers;
5. making a decision on the formation of a fund overhaul, determining the amount of the monthly contribution - if it is necessary to exceed the contribution established by the fund of the regional capital repair operator;
6. making a decision on landscaping;
7. granting (to a person) the right to use common property(write here exactly what) for the purpose (what exactly) with compensation in the form of (describe the form of compensation without indicating specific numbers).

It is better if there are not too many questions - otherwise the meeting will drag on for eternity, the owners will get tired and confused, and it will only get worse. On complex issues, for example about changing the management company, when drawing up the agenda, whenever possible, consult with experienced specialists. It may happen that they will try to challenge your summons in court. If you miss the wording, you will achieve nothing.

What to do with the finished agenda. Firstly, it must be transferred to the state or municipal property management body. In Moscow, this is the GKU IS of your district - a representative of the property department of the city of Moscow. In other cities, similar organizations may have different names. You can find them in the same way as a local government body: type the name of your city + the words “municipal property” into Google.

In addition, everywhere except Moscow, the summons can be submitted to the compulsory medical insurance.

A notice with the agenda of the meeting can be brought to the state property body in person and submitted against signature in the office, or it can be sent by registered mail by regular mail. By email - not possible.

Officials may suggest that you adjust the agenda, for example, change the wording. Usually the proposed changes are not in favor of the owners. You have the right to refuse these changes, but be prepared for possible legal action.

It is not necessary to give a subpoena to the management company.

If you use an information system, such as Square, you are also required to publish the agenda there. An alternative is to publish it on any public website on the Internet and send the link to all owners. You can create a website with a simple address yourself, for example, using the Tilda website builder. It's simple and free.

The site can be used not only as a platform for an agenda. It may also be useful in the future: to inform neighbors about preparations for the next meetings, about the results of meetings, about raising money or about problems to which you want to draw attention.

If you don’t want to create a website yourself, you can create a home page through “Sobdoma-rf” - only residents of your home will receive a link to it. The system provides functionality for solving a variety of self-government tasks, for example, collecting contacts of building residents.

Collect money for a meeting and contacts of all apartment owners. Notify them of the meeting

When: It’s better to start 20 days in advance in order to notify everyone at least 10 days before the meeting.

By law, you are required to notify each and every owner of the meeting no later than 10 days before it. This can be done in two ways: personally with a signature, or by registered mail. The second method is faster, but more expensive, and not as effective: if you want to really change something, it’s better to meet and communicate with people.

You cannot notify with an announcement in the entrance: you will not be able to prove that all the owners saw it. The only exception is if a decision on this method of notification was made at the last meeting.

Therefore, before the meeting, you or your assistants will have to personally visit all the apartments in the house. In addition to notification of the meeting, such a crawl has two more goals: to collect contacts and obtain consent to the processing of personal data. All goals can be closed in one visit, but sometimes people cannot be found at home for a long time, and others are suspicious - then you will have to come more than once.

I do not recommend collecting money for a meeting during the first round. By law, such expenses are borne by the initiator of the meeting or the entire initiative group. Usually this is a fairly significant amount - at least 50,000 RUR, taking into account the costs of registering owners, sending letters, printing documents, etc. You can offer to chip in to all residents, but, in my experience, usually no more than 50% of owners agree. Therefore, if you have calculated the amount, you should not divide it equally among everyone - you will remain in a strong minus.

You can collect money only with a receipt or with a mobile phone. bank terminal to accept cards - in this case you will be able to immediately issue checks. Money does not mean any privileges or additional votes. Whether to chip in or not is a purely voluntary matter. I repeat, it is better not to suggest doing this during the first round of acquaintances: this is the easiest way to turn people against you.

Before visiting, be sure to print out two documents: consent to the processing of personal data and a register of personal delivery of messages.

Consent to the processing of personal data you need to be able to legally use property owners' phone numbers to notify you of upcoming meetings. It should contain the following wording:

“I, so-and-so, consent to the processing and provision to third parties of my personal data, including full name, date of birth, marital status, passport details, photograph, registered address of residence, address of actual place of residence, gender, contact phone numbers, address email, information about my social media accounts, information and documents about real estate in my property. This consent is valid for an indefinite period. I understand that I may withdraw my consent at any time by giving written notice."

You only need to sign this consent once. Print consent forms with a reserve, preferably at least 12-15 per 10 owners. Some forms may get lost, others will be accidentally damaged.

Instead of a separate form for each owner, you can make a general table with the appropriate title and names of the owners and invite people to indicate their phone number and sign directly in it. But not everyone will like the idea of ​​their neighbors seeing their phone number.

Register of personal service of messages- this is a table with signatures with which the owners will confirm that they are aware of the meeting. There should also be plenty of rows in this table - 30-40 more than the number of owners living in the house.

I also advise you to make a badge with a photo, last name and an indication of the type of activity, for example, “organizer of the general meeting of owners in the house at the address.” This will build trust among neighbors.

With the badge and documents, you can begin personally notifying the owners about the meeting.

If there is a concierge at the entrance, contact him first: often they have already collected the contacts of the owners. In any case, you will have to go door-to-door to get signatures. But if you get a phone number in advance, you can call first, introduce yourself and agree on a convenient time.

If there is no concierge or he has no contacts, you will have to start from scratch. Start walking around apartments on weekdays from 18:00 to 22:00. Next weekend, arrange a checkpoint: in case someone works late or only comes on Saturday and Sunday.

Be sure to mark yourself from whom you were unable to obtain signatures - you were not found at home or received a categorical refusal.

It is better not to involve strangers in the crawl, but it is very desirable to neighbors. In my experience, it is best to do the rounds in a man + woman pair. Women are trusted more, but a man is needed for security: people are different. In my practice, there was a man who came out to open the door in shorts and with a knife, and an elderly woman who unleashed a dog on us. I came to some only with a local police officer.

It happened that the conversation began with the words “why are you walking around here” and ended with the words “you have money, we will help as much as we can.” In general, if you correctly explain who you are and why you came, most people perceive it adequately, and some offer help.

In my experience, it's not very common for people to refuse to sign. But everyone is suspicious of consent to the processing of personal data. No one will sign it without a reason. Therefore, say everything at once, directly and clearly: “Hello! I'm your neighbor. I live in such and such an apartment. I initiated general meeting, here is our initiative group, in which there is one person from each entrance. We are holding a meeting on such and such a topic. You don’t like the fact that your payment account is 1,500 rubles more? We will fix this."

Walking around apartments - also good way meet your neighbors. Accept the help that is offered to you and encourage people to participate in the preparation of the meeting.

If no one answered the door, post a paper notice on the door. Write in it that you plan to organize a meeting, indicate the date and topic of the meeting, your phone number and a website where you can find out more about all this.

Such a piece of paper on the door helps to track whether a person lives in the house: if several days have passed and no one has taken the paper, it means that the owner is at least on vacation. There is no need to look for it. Just note that this owner will have to be notified of the meeting by mail.

Send mail notices and notify the city

When: 15-20 days in order to notify everyone at least 10 days before the meeting.

To all owners of apartments and rooms who could not be found, as well as to owners of non-residential premises, send registered letters to addresses in the building addressed to the owners from the register. Each owner must be sent a separate notice. You cannot notify by regular letter. In this case, you do not need a notification of delivery - it is enough that the letter was sent.

Sending one registered letter on average costs about 50 R plus an envelope - another 8-12 R. To save on envelopes, I send a regular postcard with the desired text. It's possible.

The notice must contain information about the meeting: the form of its holding, date, place, time, agenda, how and until what date you can vote. You also need to provide information about the initiator: full name, property address, details of the title document.

It’s better not to improvise with the text; write according to the template:

“Dear owner, we inform you that on such and such a date of such and such a month, on the initiative of Ivan Ivanovich Ivanov, we will hold a face-to-face discussion of the issues put to vote. Start date of the meeting, place and time, end date of voting. Questions on the agenda. You can view the agenda on the website. You can vote this way until such and such a date.”

Notifying all owners about the first general meeting is difficult, tedious and time-consuming. But if you do everything right, it will be easier further. During the first door-to-door visit to my building, I managed to collect contacts of only 30% of the owners. Quite a lot of people came to the first meeting, and I also exchanged contacts with them. To this day, three years after the first meeting, after which we held many more meetings, I have 96% of the homeowners in my building in touch.

At the first meeting, we discussed the notification method, and everyone chose what was convenient for them. Now I just send three letters, and notify everyone else by phone or WhatsApp. All this takes three days. Read below to learn how to choose a notification method at a meeting.

Everyone needs to notify people about the meeting. accessible ways. Hang posters in the entrance halls and announcements in elevators, drop leaflets with a link to your website or quar code into mailboxes. It will be convenient if the person who followed the link can easily leave their contact information. But in no case should this be a regular form, for example, from Google - only a special one for storing personal data will do. For example, there is one in the “Sobdoma-rf” system.

I send both SMS and WhatsApp messages to the residents of our house, and if I haven’t received an answer, I also call. I also print out and paste the ad on the entrance, and if someone tears it down, I print it out and paste it again.

Information about the meeting should be heard from each iron. Making sure everyone knows about the meeting is not an empty formality: it depends on these people whether you will be able to solve the problem. This is also a way to be on the safe side so that no one can say that you didn’t notify anyone.

We notify the city. Almost all houses have municipal property - apartments and non-residential premises that belong to the city. For such, in the Reference Information on real estate objects online, in the line “Form of ownership” it is indicated “state”.

The notice to the city must be brought in person or sent via Internet reception notification to the same state property authority where you gave the subpoena.

Just in case, I advise you to always notify the city. The only exception is cooperative houses, in which all property belongs to shareholders - private individuals.

Calculate the number of votes for each owner

The owners of all residential premises and those non-residential premises that are owned have the right to vote at the meeting. For example, if there is a store in the basement that is registered as a property, its owner has the right to vote.

1. Calculate the total area of ​​premises in the house.
2. Calculate the votes of joint owners and owners who solely own apartments or non-residential premises.
3. Calculate the votes of shareholders.
4. Calculate the votes of room owners in communal apartments.

Joint property is usually an apartment purchased by spouses during marriage or privatized by people who lived together. Decisions regarding such property are made jointly. Shared ownership is when the owners own different or equal shares in the apartment. There is a separate formula for communal apartments, because each owner has the right not only to his own room, but also to part of the common property, and the size of this part depends on the size of his room.

Below I will provide all the necessary formulas. To make it easier, I will explain the calculations using an example.

Let's take a conventional house, which consists of three apartments and two non-residential premises - an attic and a semi-basement - and calculate the votes of the owners in it.

The area of ​​apartment No. 1 is 100 m². She is in shared ownership and belongs to two owners.

The area of ​​apartment No. 2 is 100 m². She is communal. It has three rooms with different owners, with an area of ​​30, 20 and 10 m².

The area of ​​apartment No. 3 is also 100 m². She is in joint ownership four owners, members of the same family. This means that the owners own the apartment without allocating shares, which means they cannot individually dispose of it, for example, sell or rent it out, without the written consent of the other owners.

Attic area - 100 m². It is not registered as anyone's property.

The area of ​​the semi-basement is 200 m². The entire semi-basement is occupied by a store with one owner.

We calculate the total area of ​​premises whose owners can vote. To do this, we add up only the area of ​​residential premises and non-residential premises that are registered as property. In our example, such premises do not include the attic - therefore we exclude it from the calculations. Be careful: we do not increase the area of ​​rooms in communal apartments, so as not to “grow” the house on paper.

Area of ​​apartment No. 1 + area of ​​apartment No. 2 + area of ​​apartment No. 3 + area of ​​the semi-basement = 100 + 100 + 100 + 200 = 500 m².

The number you get is 100%, or the large denominator. We will use it in all further calculations.

(Object area) / (Total area) × 100%

200 / 500 × 100% = 40% - for the store

100 / 500 × 100% = 20% - for apartment No. 3

Joint owners have one resolution ballot for all, but the number of signatures on it must correspond to the number of owners, or a power of attorney must be attached. Legal entities must have a power of attorney or an appointment order to vote - they are required when voting.

The number of votes a city has is calculated in the same way. The city always has one owner. The area of ​​all city premises is summed up.

We count the votes of shared owners. In our example, this is apartment No. 1 with an area of ​​100 m², which belongs to two owners - Ivan and Sergey. The shares of these owners are indicated on their certificate of title, always in the format ⅓, ¾, and so on. For example, the owner Ivan owns ¾ of the apartment, and the owner Sergei owns ¼ of the apartment.

The formula for shared ownership is as follows:

(Apartment area) / (Number of shares in the apartment) × (Owner’s share) / (Total area) × 100%

We count the votes of the owners of rooms in communal apartments. In our conditional house, these are rooms in communal apartment No. 2. The owners of rooms in communal apartments have the right not only to their room, but also to the common communal property within the apartment. This is the same shared ownership, but the shares may not be indicated in the title documents - you will have to calculate them yourself.

The formula is:

((Room area) / (Area of ​​all rooms in the apartment that are registered as property) × (Area of ​​the remaining rooms in the apartment) + (Room area)) / (Total area of ​​the house) × 100%

The area of ​​the apartment in our example is 100 m². It has three rooms with different owners, with an area of ​​30, 20 and 10 m². It turns out that the area of ​​all rooms registered as property = 60 m², and the area of ​​the remaining premises = 40 m².

We counted the votes of all home owners. Unfortunately, in reality everything is much more complicated. There will be no round numbers. Therefore, do not worry if the final percentages do not add up to exactly 100% - an error of 1-2% is not regulated in any way and is not critical.

There are situations even more difficult. The most popular problem is communal apartment, in which there is only one room on the cadastral register. For such people, you have to act blindly: assume, based on other apartments in the house, how many rooms this apartment might have and what size they might be.

Enter everything you count into the register of owners.

Ideally, each owner in the house is required to count the number of votes management company. These calculations should be in the register that you will receive in your management company before the meeting. Unfortunately, this register is almost never true - so be prepared to have to recalculate everything manually.

Prepare for face-to-face discussion of issues and prepare voting papers

When: 2-5 days before the meeting.

Before the meeting, estimate roughly how many people will be voting on ballots and print out extra ballots. Their number is unlimited: you can even post them on the Internet for printing and signing yourself. Your main task is to ensure that every owner or his representative has a ballot.

Each page of the bulletin must contain all the information about the owner: full name, number and area of ​​the premises, details of title documents. If this is a legal entity that owns, for example, a store in the basement, enter in the ballot: name, INN, OGRN, premises number, details of title documents and details of the document confirming the authority of the voter. If a person votes not in person, but by proxy, then this must be indicated on the ballot, and a copy of the proxy must be attached to the decision.

Also, the ballot must contain decisions on each and every issue on the agenda: “for”, “against” or “abstain”. You cannot vote on issues that are not on the agenda. There is no need to put them on the ballot.

Separately, ask people to include their contact information in their newsletters. Explain that they may receive a call from the district administration or housing inspection to check.

In addition, I advise you to write down the number of votes for each owner on the ballots - this will greatly facilitate the work of the counting commission. Sometimes it’s easier to do this after collecting paper forms, entering the calculated percentages from the register table.

1. Use for absentee voting: the “Square” system, the GIS housing and communal services system, the “Electronic House” system (only for Moscow), another IS ____________ (you can select several options).
2. Select owners , , as administrator of the information system. Selected persons, on behalf of the owners of premises in the apartment building, are authorized to use the selected information system when holding a general meeting of owners of premises in the apartment building in the form of absentee voting.

An information system administrator is a person who will enter information about voters into the system and ensure that voting results are published in official reporting systems, including GIS Housing and Communal Services. He may not be present at the meeting itself; he is also not obligated to be the owner of one of the apartments. It’s even good when independent people act as arbitrators in the role of administrator, as well as members of the counting commission.

Selecting a notification method. To avoid conducting door-to-door visits in the future, include the following text with the ability to select several options:

Choosing a method for notifying about the general meeting and a method for notifying about the results of the OSS MKD.

Determine by notification method:

1. SMS by mobile number tel. +7 (____) ____-___-___;
2. by email __________;
3. by paper notice in the mailbox.

The notification method must be journaling - that is, it must include a delivery report. Any messenger that has a record of who was the recipient of the corresponding message is suitable.

Be sure to determine the method of notification of the results of meetings, otherwise after the meeting you will be required to deliver such notice personally or send by certified mail, as well as create a register of notices.

Funding of meetings. To hold subsequent meetings at the expense of the management company, write in the newsletter:

The procedure for financing expenses associated with convening and organizing general meetings (clause 3.5, part 2, article 44 of the RF Housing Code).

Include the costs of holding meetings in the plan of financial and economic activities of the management organization for the MKD.

Hold a meeting

According to the law, it is not necessary to hold an in-person meeting: owners still vote on paper or through an information system. But I recommend not to neglect the meeting. This good opportunity personally discuss the issues and convey to those gathered how important it is to take control of the house into your own hands.

The main danger of an in-person meeting is that provocateurs may come to it. Usually these are not owners; their only task is to cause a scandal. In one house where I held a meeting, there was a woman who distributed letters to everyone in the house: they say that our meeting is a diversion of the Criminal Code in order to take more from everyone more money. It turned out that this woman was not the owner. We had to once again explain in detail to everyone exactly what we offer and why.

After this incident, we began to register everyone who came to the meeting - we ask at the entrance for the name and apartment number and ask to present a document. True, it is difficult to introduce such restrictions in the yard. It is also convenient to use the “Square” system to register participants. Outsiders are not officially prohibited from attending meetings of owners, but this is at the discretion of the organizer.

The meeting is usually opened by the person who initiated it. He proposes to choose a chairman, secretary and counting commission. On these issues, the owners vote by show of hands, and objections are recorded in the minutes of the face-to-face discussion.

There are no restrictions or requirements for the chairman, secretary and members of the counting commission. One person can perform all three functions at once.

In the counting commission There can be as many people as you like - take everyone who wants there. These do not have to be the owners, but it is desirable that at least one person from the initiative group be included in the commission. If no one wants to, you will have to count yourself. If those you don’t trust want, you can’t refuse, but you can join the counting commission and count everything after the others.

Chairman must be a cool-headed and loud-voiced person. I advise you to stock up on a microphone, a speaker, enough paper and pens, as well as throat remedies and sedatives.

Secretary keeps minutes. It would be good if he could also take care of photo and video shooting. This will help curb provocateurs and will be an argument in court if someone tries to challenge the results of your meeting.

You can choose a chairman, secretary and counting commission for one meeting, or you can long term- for example, a year. If you have chosen for a long time, you may not include these issues on the agenda in the future. But if any of them cannot attend one of the meetings, they will need to be re-selected.

If it was not possible to select a chairman or other positions, all their functions can be assumed by the initiator of the meeting. He will also sign the protocol.

Only items on the agenda can be discussed at the meeting. The meeting can last as long as you like - even an hour, even a week. If we haven’t reached an agreement in a day, we meet again.

At the end of the meeting, give each owner a ballot, explain how to fill it out and return it to you, and ask them to sign that they received the ballot. Instead of the owner, his representative, who can be anyone, can vote - a power of attorney in an approximate form is sufficient.

Secondly, they do not provide for mixed paper media voting, which makes the process more difficult for those who do not use a computer.

The protocol is drawn up in four identical copies, having equal legal force. One copy of the minutes, as well as the originals of ballots and all documents that were used during the meeting, according to the law, must be submitted to the Criminal Code. In turn, she is obliged to transfer it to the Housing Inspectorate within three days after this.

Among the documents that must be attached to the protocol:

1. Register of premises owners.
2. Notice of the meeting.
3. Register of delivery of notices of the meeting to owners - when you decide on another method of notification, it will not be needed.
4. List of owners of apartment building premises who attended the meeting, as well as a list of invited persons.
5. Powers of attorney or copies thereof, if their representatives voted for one of the owners.
6. Documents that were discussed on the agenda and about which decisions were made.
7. Voting papers.

To make sure that the documents will reach the housing estate from the Criminal Code, you can try this: come to the Criminal Code with the protocol, put a stamp on the transfer of documents and leave a copy of the protocol there, and personally take the original to the inspectorate. But recently there was a case when the residents of the house that I supervise were refused to receive a protocol from the housing department. I had to hand it over to the management company.

One copy of the protocol must be stored in a safe place, which the owners determine by voting. Usually this is the apartment of the chairman or secretary.

To notify the owners of the results of the meeting, post the final minutes on your website, as well as in the entrance in a visible place. But it is better not to publish copies of newsletters, because they contain telephone numbers. It is better to simply list in the protocol the list of apartments that voted, without mentioning who voted how.

After the meeting, I recommend marking the dates on the calendar on which the owners’ decisions must be implemented, and remind the management company about them. And don’t forget to keep your neighbors informed about how everything is going - this way you will gain more trust.

Annual general meeting of premises owners in apartment building held in the second quarter, unless a different procedure was previously established by the meeting of owners. An extraordinary general meeting of owners can be held at any time. The initiator can be:

• any owner of premises in the house;
• State Public Institution “District Engineering Services” (if there is city property in the house);
• The management organization (homeowners' association, residential complex, housing cooperative) can initiate a meeting upon a written request from owners who have at least 10% of the total number of votes of the owners of premises in an apartment building. The appeal should formulate the issues that the owners want to put on the agenda of the meeting.">management organization(or HOA, residential complex, housing cooperative);
• local government body or the owner of a special account (only in special cases provided for by the Housing Code of the Russian Federation).

2. What issues can be put to a vote by the owners of an apartment building?

3. In what forms can a meeting be held?

A general meeting of owners can be held:

• in person (joint presence);
• correspondence (by survey or using the system);
• part-time and part-time.

Depending on the form of the meeting, the content of the notice of the meeting, which must be sent out to the owners in advance, and the voting procedure will differ.

When voting in person, the owners are personally present at the meeting. When holding an in-person meeting, owners have the right to both personally attend the meeting and vote after reading the agenda of the meeting in absentia. When voting in absentia, the owners transfer their decisions to the address indicated in the notice of the meeting, or to electronic form through the system.

4. How to prepare for the general meeting of owners?

When preparing for a general meeting of premises owners, you need to:

1. Define You can include issues that require decisions by the owners on the meeting agenda. Also, the agenda of any meeting must include questions about the choice of storage location for the minutes of the meeting and decisions of the owners and about the selection of the chairman of the meeting, the secretary and members of the counting commission, which will summarize the voting results, if it has not previously been determined on an ongoing basis by a separate decision of the meeting of owners."> agenda general meeting.
2. Compose The message to notify owners must include:
   • form of meeting (in-person, in-person, in absentia, in absentia);
   • date, time and place of the meeting (if the meeting is held in person or in absentia);
   • issues that are on the agenda of the meeting;
   • information about the person on whose initiative the meeting is convened;
   • the address of your house and the apartment number of the initiator of the meeting;
   • the procedure for familiarizing yourself with information and (or) materials that will be presented at the meeting, as well as the place or address where they can be viewed.
   ">message to notify owners.
3. Prepare A register of owners of premises in an apartment building will make it more convenient to notify owners about a meeting, and can also subsequently help in counting votes. The register should indicate the last name, first name and patronymic of each owner, apartment number, details of the document certifying ownership, area of ​​the apartment, owner’s share in ownership of the premises, number of votes, owned by the owner. The number of votes each owner has is proportional to his share in the right common property for common property in the house.

   You can create a register by ordering extracts about the owners of premises in your house from the Unified State Register of Real Estate or by making a door-to-door tour of the residents of the house. You can also contact the district government for this information (for the Novomoskovsky and Troitsky districts - the district prefecture) and the State Public Institution "District Engineering Services.">register of owners

   premises in an apartment building, as well as Sample forms of notification of a general meeting of owners, a power of attorney for voting, forms in which owners mark their votes, minutes of a general meeting of owners of premises in an apartment building can be found in Appendices No. 1, 2, 3, 4, 5 to Order of the Ministry of Construction of Russia dated July 31, 2014 No. 411/pr “On approval of the approximate terms of the management agreement for an apartment building and methodological recommendations on the procedure for organizing and holding general meetings of owners of premises in apartment buildings.”

   More detailed requirements for the preparation of minutes of the general meeting of owners can be found in the order of the Ministry of Construction and Housing and Communal Services dated January 28, 2019 No. 44/pr “On approval of the requirements for the preparation of minutes of general meetings of owners of premises in apartment buildings and the procedure for transferring copies of decisions and minutes of general meetings of owners of premises in apartment buildings to the authorized executive authorities of the constituent entities of the Russian Federation that carry out state housing supervision.”

   ">forms of forms and information materials (form for notification of the meeting, form for the decision of the owner of the premises, form for the minutes, and so on).
4. Determine how you will notify the owners of the meeting.

5. How to notify owners about a meeting?

If earlier at the general meeting the owners have already determined that announcements about new meetings can be placed in the entrance, you can do so. But if such a decision has not been made, notifications will need to be sent by registered mail or delivered in person against signature.

Owners must be notified no later than 10 days before the date of the meeting. Please note: your district will also need to be notified of the meeting of owners if the house is owned by the city of Moscow.

You will also need to maintain a register of notifications, indicating in it the details of the owners and the dates of their notification. If you send a notification by registered mail, the notification date is considered to be the date the letter was sent. In the future, postal receipts will need to be attached to the minutes of the owners’ meeting.

If you are holding a meeting in absentia or in person, the notice will need to include voting forms for each issue and indicate the closing date for decisions, as well as the place or address where they should be sent.

6. How to vote?

On face-to-face meeting owners get acquainted with materials on the issues put on the agenda, discuss these issues and vote on each of them. Voting on issues not included in the agenda in advance will not be valid.

To participate in the in-person discussion and voting, the owners of the premises must have a passport and a copy of the document confirming the ownership of the premises, and representatives of the owners of the premises must also have The original and a copy of the power of attorney for participation in the general meeting, and if the owner is a legal entity, then you must additionally have with you a certified copy of the decision/minutes on the election/appointment of its manager to the position

">documents confirming the authority to represent the interests of the owner at the general meeting. If a representative of the owner votes, a notarized power of attorney is subsequently attached to the minutes of the meeting.

• information about who takes part in voting (last name, first name and patronymic of the owner or the owner’s representative; if the owner of the premises is a legal entity, then the name and OGRN of the legal entity);
• apartment number ( non-residential premises);
• details and type of document confirming ownership;
• area of ​​the premises owned;
• the owner's share in the ownership of the premises and the common property of the house;
• the number of votes the owner has at the general meeting.

">forms, and, for example, through a show of hands with documentary evidence of the decisions of the owners. The rules and methods by which voting is carried out can be approved by the general meeting.

Voting in by correspondence is carried out within the time frame set by you using forms sent to the owners along with messages about the meeting, or electronically through the system.

Part-time The form provides the opportunity to vote both absentee and in person at the meeting.

In the voting forms, opposite each issue on which a decision is required from the owners, there must be columns “for”, “against” and “abstained”. The owner must check the box next to one of the answer options. The form and, accordingly, the vote of the owner will be considered invalid if several answers to the same question are noted at once, if the answers to the questions are not indicated, if information about the owner (representative of the owner) is not indicated, if the signature of the owner (representative) is missing on the form. .

7. How to count the votes of owners?

8. What to do after the meeting?

No later than 10 days after the general meeting of owners, the originals of the decisions and minutes of the general meeting of owners must be submitted to the management organization, the board of a homeowners’ association, housing or housing-construction cooperative, or other specialized consumer cooperative, who then send these documents to the Moscow Housing Inspectorate. In addition, within 10 days they must be placed for review by the owners in a room accessible to all owners and determined by the general meeting. Copies of documents are stored at the address, which is also determined by the general meeting of owners.

The decision of the general meeting of owners is binding on all owners of premises in the house, regardless of whether they took part in the meeting or not.

If you do not agree with the decision that was made by the general meeting of owners in violation of the procedure established by the Housing Code Russian Federation(if you did not participate in such a meeting or voted against this decision), and if this decision violates your rights and legitimate interests, you can appeal it.

An appeal can be filed with the court within six months from the date on which you learned or should have known about the decision. The court, taking into account all the circumstances of the case, has the right to uphold the appealed decision if your vote could not influence the voting results, the violations committed are not significant and the decision made did not cause you losses.

You can also contact the State Housing Inspectorate of the city of Moscow, which in turn has the right to apply to the court to invalidate the decision made by the general meeting of owners.

receive information about surveys and innovations in the house through applications, email or SMS.

Owners of premises, management organizations and HOAs can organize a general meeting online. But in order to start holding online meetings, owners must make an appropriate decision at a preliminary in-person, in-person or absentee or absentee (without using the system) meeting of owners.

To use the service, it is enough to have a computer or smartphone at hand and be registered in the project " Active Citizen", and in order to initiate a survey, information or meeting, you need to link your profile in the “Active Citizen” system to your profile on the website.

The Electronic Home service uses modern system encryption and storage of information (blockchain), which makes it impossible to falsify the results of surveys and voting.

At the general meeting of owners, which is usually held when there is a homeowners’ association registered at the multi-storey building, key decisions on landscaping are officially made in direct accordance with the articles of the current one, with all amendments, Housing Code Russian Federation. The meeting of HOA members on legal distribution may be regular or extraordinary. The difference between them lies, in particular, in the fact that the regular ones take place once a year. Typically, the timing is in the second annual quarter to provide managing organization reports on the fulfillment of the terms of the contract, as required by the eleventh part of Article 162 of the Housing Code.

An extraordinary meeting of owners held publicly may be initiated by any of the owners of residential or non-residential premises in an apartment building. The number of such fees is unlimited, however, it is important to consider that it is the initiator who is obliged to bear all the costs and worries of organizing and conducting it, including timely sending of official notifications to the date and place of the meeting.

Referring to Article 41.1 of the same Housing Code of the Russian Federation, decisions at openly held meetings of homeowners are made based on the results of in-person voting (in person), absentee voting (filling out written questionnaires) and in-person voting.

Quorum as a form of vote counting

The quorum of HOA members itself is the number of such members, approved by law and the clauses of the charter of the managing organization according to the current documents of the organization, which is extremely necessary in order for the ongoing public meeting of owners of residential premises to be actually recognized as having taken place. And also so that one or another stipulated decision is made legally and undeniably in accordance with the agenda announced in the notification. Article 45 of the Current Housing Code establishes that a meeting has a quorum if the assembled participants have fifty or more percent of the votes of the entire multi-storey building.

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It should be taken into account that votes are not distributed equally among property owners, but in accordance with their share of the area in the house, including also the common property of the house. To calculate the share of votes of one participant, it is necessary to divide the area of ​​his personal property (the value is recorded in the title documents) by the sum of all documented non-residential and residential areas in multi-storey building. As a rule, this value is available in the technical data sheet, but sometimes it is outdated or inaccurate for one reason or another.

In order to find out the real area, it is necessary, again, to build on the current Russian legislation.

Preliminary work

Before calculating the quorum of the general meeting of owners, it is necessary to have certain information. First of all, this is the exact area of ​​your apartment building. Current and accurate information, in accordance with Government Decree of the Russian Federation No. 491 of August 13, 2006, regarding the approval of rules for the maintenance of common household property, is contained in Rosreestr. Paragraph four of this resolution states that if the information in technical documents and One state register real estate does not coincide, you should be guided by the latest data (Rosreestr). This also means that to clarify the total area, you should immediately contact this authority.

For an in-person HOA meeting, it is important that there is a quorum, otherwise the event cannot be held. To determine the presence of a quorum, you need a so-called appearance list of HOA members. In other words, each participating participant must have a personal passport and documents confirming ownership of real estate in this house. Information from these documents and the passport is entered into the appearance sheet, which ultimately must be signed by the participant himself.

Before the start of the meeting, responsible persons count the number of shares of ownership and determine the presence of a quorum.

Explanations and examples

All conditions and requirements for holding meetings of homeowners in multi-storey buildings can be found in separate articles of the Housing Code of the Russian Federation in force, as amended. So, for example, the first part of Article 48 says that only the owners of the premises in a given building have the right to actually vote on the voiced issues of the fixed agenda. That is, if we are talking about a residential apartment, only the opinion of its legal owner is taken into account, and citizens living with him, even if they are registered, do not have the right to vote. Taking into account the above rules for calculating the share of the right of common ownership of joint property, if the apartment has an area of ​​68 square meters, while the entire house is 6035 square meters, the share of the owner’s common property will be 68/6035 = 0.011.

The third part of the same article of the RF Housing Code regulates that the sum of the owner’s votes is proportional to the existing legal share in the rights to the existing common property, that is, if we take the example above, 0.011 * 100 = 1.1 is the number of votes of this owner.

It is part three of Article 45 of the Housing Code that establishes that a quorum occurs when the number of votes present is more than fifty percent. In this case, instead of the owner, his representative may be present under a notarized power of attorney. If there is a real need for the presence of a representative, it is important to pay attention to the type of power of attorney issued, the specific limited list of powers and the validity period, which makes sense to limit to one day - the date of the meeting.

Voices of homeowners

The amount of votes of HOA members at an openly held meeting in percentage terms is determined by mathematically multiplying the total area in the private, privatized property present by the value of 100 and dividing by the known exact area of ​​all premises available in an apartment (multi-story) building, including mandatory non-residential, in the possession of legal entities and, if available, individuals. The total useful area known from government data is indicated in the current technical documentation or it can be clarified in Rosreestr.

If we take as an example the total area of ​​the entire house is 6035 square meters, as given above, and the meeting participants, who own a total of 3248 square meters, it turns out:

3248*100/6035=53.81, which means that there is a quorum, the meeting can be held and decisions can be made by voting.

However, it is also necessary to take into account what type of ownership the voting participant has. In this case, all actions, dates and numbers must be included in the minutes of the meeting, which must be signed by the participants. The protocol form is standard; no specific requirements are established.

The absence of quorum is determined in the same way if the value is less than fifty. In this case, you will have to schedule the collection for another date and re-notify the property owners about this.

Shared ownership and co-ownership

In accordance with Articles 245-252 of the Civil Code of the Russian Federation, currently in force with amendments, common private, privatized property can be shared or, referring to Articles 253-259 of the same code, joint. As a rule, no difficulties arise with shared ownership, since the share is specifically allocated, as evidenced by the relevant documents. To determine the percentage of votes here, you need to multiply the area of ​​your share by 100 and divide by the total area of ​​the house, just as is done in ordinary cases. When calculating the quorum at a meeting, only those numbers and citizens that are recorded in the documents are taken into account.

The first and second parts of Article 253 of the Civil Code of the Russian Federation establish that the owners of premises in joint ownership use real estate and dispose of it on an equal basis, since the shares are not allocated. Thus, any co-owner can be present at the meeting, and the percentage of votes will be determined per apartment, and not on individual co-owners, no matter how many housing units are registered.

Decision Making

The first part of Article 46 of the Housing Code of the Russian Federation provides for certain requirements, according to which all decisions are made by partnerships by voting. The decision for which the majority of votes is voted is made, and not the number of HOA members.

In addition, one should take into account the second part of Article 44 of this code, which states that in order to make a decision, you need not just a majority of votes, but at least two-thirds of the total number of possible, not present, votes. These could be decisions regarding:

As an example, for making decisions on advertising placement, the form of holding meetings is standard, the previously defined protocol for maintaining minutes is observed. For a resolution to be approved, 66% or more of all unit owners in the building must vote Yes, not 66% of those present at the meeting.

1. The right to vote at a general meeting of owners of premises in an apartment building on issues put to vote belongs to the owners of premises in this building. Voting at a general meeting of owners of premises in an apartment building is carried out by the owner of the premises in this building, both personally and through his representative.

2. A representative of the owner of premises in an apartment building at a general meeting of owners of premises in this building acts in accordance with the powers based on the instructions of federal laws, acts of authorized state bodies or acts of local government bodies, or a written power of attorney for voting. The power of attorney for voting must contain information about the represented owner of the premises in the relevant apartment building and his representative (name or designation, place of residence or location, passport details) and must be drawn up in accordance with the requirements of paragraphs 3 and 4 of Article 185.1 Civil Code Russian Federation or notarized.

3. The number of votes that each owner of premises in an apartment building has at a general meeting of owners of premises in a given building is proportional to his share in the right of common ownership of the common property in this building.

4. Voting on issues on the agenda of the general meeting of owners of premises in an apartment building can be carried out through written decisions of the owners on issues put to vote.

4.1. Voting on issues on the agenda of the general meeting of owners of premises in an apartment building, held in the form of in-person and absentee voting, is carried out through written decisions of the owners on the issues put to vote.

5. Voting on issues on the agenda of a general meeting of owners of premises in an apartment building, held in the form of absentee voting, is carried out only through written decisions of the owners on issues put to vote, except for the case provided for in Article 47.1 of this Code.

(see text in the previous edition)

5.1. When holding a general meeting through in-person, in-person, absentee or absentee voting, the owner’s decision on issues put to vote, which is included in the minutes of the general meeting, must indicate:

1) information about the person participating in voting;

2) information about the document confirming the ownership of the person participating in the vote to the premises in the corresponding apartment building;

Instructions for those who want to set their own fee for the maintenance and repair of residential premises

In previous issues of the newspaper, we talked about the fact that the law does not provide for a free form of drawing up minutes of the general meeting of homeowners, and we gave instructions on how to draw it up correctly.

1 owner – 1 vote?

According to Part 1 of Article 48 of the Housing Code of the Russian Federation, only the owners of premises in a given apartment building have the right to vote at a general meeting on issues included in the agenda of this general meeting.

In accordance with Part 1 of Article 37 of the Housing Code of the Russian Federation, the share in the right of common ownership of common property in an apartment building of the owner of the premises in this building is proportional to the size of the total area of ​​​​the specified premises.

For example: 87 sq. m (room area) / 5335 sq. m (area of ​​all premises in the house) = 0.016 (share in the right of common ownership of common property).

Part 3 of Article 48 of the Housing Code of the Russian Federation establishes that the number of votes that each owner of premises in an apartment building has at a general meeting of owners of premises in a given house is proportional to his share in the right of common ownership of common property in a given house.

For example: 0.016 (share in the right of common ownership of common property) × 100 = 1.6 (number of votes).

Part 3 of Article 45 of the Housing Code of the Russian Federation determines that the general meeting of owners of premises in an apartment building is competent (has a quorum) if the owners of premises in a given building or their representatives with more than 50% of the votes of the total number of votes took part in it.

The number of votes of premises owners present at the general meeting, as a percentage, is determined by multiplying the sum of the total area owned by the persons who took part in the general meeting of premises owners or their representatives by proxy by 100, and dividing by the total area of ​​all premises (residential and non-residential), owned by individuals and legal entities(total usable area of ​​the house, information about which is contained in the technical passport for the building).

For example: the total area of ​​all premises in the apartment building is 5335 sq. m. m. The general meeting of owners of MKD premises was attended by the owners who own premises with a total area of ​​3621 sq. m. m.

3621 sq. m × 100 / 5335 sq. m = 67.87

Thus, the quorum of the general meeting of owners of the premises of the house was 67.87% of the votes of the total number of votes of the owners of the premises of the house, which complies with the requirements of Part 3 of Art. 45 Housing Code of the Russian Federation.

Consider the type of property

Common property can be either shared or joint. Regarding shared ownership, everything is quite simple. It is necessary to take the total area of ​​the premises and divide it by his share of ownership of the premises. Next, multiply by 100 and divide by the total area of ​​​​all owned premises in the house. The result will be the number of his votes. Of course, it must be taken into account that the shares are determined not by the number of persons participating in the common shared ownership, but by the size indicated in their certificate of ownership.

For example: two persons own a premises with a total area of ​​87 m2. Owner “A” owns ¼ shares, and owner “B” – ¾. The total area of ​​premises in the house according to technical passport is 5335 m2.

PLEASE NOTE

The NTGO administration called on homeowners to hold general meetings in the near future and set the amount of housing maintenance fees for their home for the second half of 2019, based on the need for certain types of utilities. The meeting period is March-April.

In accordance with parts 1 and 2 of Article 253 of the Civil Code of the Russian Federation, participants in joint ownership, unless otherwise provided by an agreement between them, jointly own and use common property. The disposal of jointly owned property is carried out by agreement of all participants, which is assumed regardless of which of the participants makes the transaction to dispose of the property.

In relation to the counting of votes at the general meeting of owners of MKD premises, the above provisions of the law, based on judicial practice, are interpreted as follows: the votes of all co-owners of residential or non-residential premises - participants in common joint property - are subject to counting, if at least one of them took part in the voting.

For example: owners of an apartment with an area of ​​87 sq. m are 4 persons to whom this residential premises belongs by right of joint ownership. Only one co-owner took part in the voting. The number of votes of this co-owner will be equal to 1.6 and not 0.80 if these persons were shared owners of the specified premises.